SAHABUDDIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner before us is serving as Superintendent in the Office of the Chief Engineer, P. W.D. There is a combined Gradation list of the staff of the Chief Engineer, P. W.D. (Roads, Chief Engineer, P.W.D. (Building) and Chief Engineer, P.W.D. (Hills). There are two posts of Registrars and the matter relates to appointment and promotion to the post of Registrar, which fell vacant with effect from 1.8.2003 on the retirement of incumbent. The petitioner was allowed to take over the charge as the Registrar, on retirement of Shri B.P.Das on 31.7.2003, being the senior-most Superintendent in the Department. There after, a selection process was undertaken, wherein the respondent No. 4, Sri Amal Senchowa was promoted and appointed as Registrar. The petitioner has challenged the said appointment in the present Writ petition. The challenge is on the ground that the petitioner is the seniormost person and, as such, applying the roster system will be violative of the Article 14 and 16 of the Constitution and it is further submitted that as their are only two post of Registrar, such roster system does not apply. In this case, there is no dispute at the Bar that the respondent Amal Senchowa belonged to the Scheduled Caste community.

(2.) The respondent State has filed a reply stating, inter alia, that the two post of Registers are filled up as per the provisions of the Assam Scheduled Caste and Scheduled Tribes (Reservations of Vacancies in Services and Posts) Act, 1978. The department is maintaining a 20 Point Roster for promotion and as per the said roster the present vacancy has arisen a roster point No. 12, which is meant for Scheduled Caste. The case of four persons, including the petitioner and the respondent No. 4 were considered by the Selection Committee and as respondent belongs to Scheduled Caste Community and he comes within the zone of consideration and the post was reserved for Scheduled Caste community, his selection was made and name was recommended by the Selection Committee.

(3.) While admitting this writ petition, this Court as an interim measure, allowed the writ petitioner, who is discharging the function of Registrar in the Office of the Chief Engineer, P.W.D. (Building), to continue as such. The private respondent has filed an application for vacation of the said interim order stating, inter alia, that the respondent being the selected candidate should be allowed to take over the charge. Learned counsel has submitted that the Misc. Application and the Affidavit file by them in support of the same may be treated as their counter affidavit in this writ petition.